Form I-9 Best Practices: Training Presentation Current as of: - PDF document

Form I-9 Best Practices: Training Presentation Current as of: 06/25/2020 by Bruce E. Buchanan, Sebelist Buchanan Law PLLC This presentation provides training on the best practices in completing the Form I-9 and E-Verify processes, including the do's and don'ts of completing the Form I-9 and storage of the Form I-9. Although the Form I-9 is only a two-page document, it is fraught with possibilities of errors, which could ultimately cost an employer lots of money. Since Form I-9 and E-Verify go hand in hand, this presentation will examine the E-Verify process and offer guidance on whether to use E-Verify. The form includes speaker notes to facilitate your presentation. The presentation also addresses the process which must be followed in reverifying an employee's Form I-9, including when to do so and when not to do so and how to store Forms I-9. As we know the impact of COVID-19 is widespread, this presentation will discuss temporary modifications of the I-9 and E-Verify process and discuss whether this change could be permanent. For information on I-9 compliance, see I-9 Policies and Best Practices for I-9 Compliance, Form I-9 Completion Checklist, I-9 and E-Verify Processing Timelines Chart, and Screening and Hiring Resource Kit. See also USCIS Handbook for Employers, Guidance for Completing Form I-9. For relevant state-specific information, see E-Verify and Employment Eligibility Verification State Law Survey. For a resource kit focused on employees returning to work during COVID-19 and broken up by key employment law topics, see Coronavirus (COVID-19) Resource Kit: Return to Work. For more guidance on a wide variety of COVID- 19 legal issues, see Coronavirus (COVID-19) Resource Kit. For tracking of key federal, state, and local COVID-19- related Labor & Employment legal developments, see Coronavirus (COVID-19) Federal and State Employment Law Tracker. For tracking of key federal, state, and local Labor & Employment legal developments, see Labor & Employment Key Legal Development Tracker. For a further discussion on Form I-9 Best Practices, see The I-9 and E-Verify Handbook (2d edition) by Bruce E. Buchanan and Greg Siskind [http://www.amazon.com/dp/0997083379], my I-9 and E-Verify Compliance blog [www.employerimmigration.com], and Twitter - @buchananvisalaw. Form I-9 Best Practices: Training Presentation Slide Contents Notes 1. Form I-9 Best Practices: Training Presentation The presenter's style is often as important as the substance of the presentation. Personalize this presentation in a way that engages your audience. for [AUDIENCE] Break up the material (even if that means using more by: slides) in a way that makes sense for your audience. [DATE] To further assist in retaining key concepts, consider including work-appropriate analogies and pictures to keep your audience engaged. Keep a copy of this presentation and record the names of attendees. 2. Overview Make sure you convey to your audience that this presentation is a general overview of the topic and the appropriate steps or strategies to be taken for Form I-9 • What is the latest Form I-9 edition to use? best practices can depend on the particular • Who must complete a Form I-9? circumstances. • Who does not need to complete a Form I-9?

Form I-9 Best Practices: Training Presentation • What are best practices in completing Form I-9? ○ Section 1 best practices For information on I-9 compliance, see I-9 Policies and ○ Section 2 best practices Best Practices for I-9 Compliance, Form I-9 ○ Section 3 best practices Completion Checklist, I-9 and E-Verify Processing • How to Store Forms I-9 Timelines Chart, and Screening and Hiring Resource • Best Practices in E-Verify Kit. See also M-274 - USCIS Handbook for Employers, • Temporary Form I-9 Changes due to COVID-19 Guidance for Completing Form I-9. For relevant state- specific information, see E-Verify and Employment Eligibility Verification State Law Survey. For guidance on understanding immigration law terms, see Business Immigration Law Common Terms, Acronyms, and Abbreviations Checklist. 3. Which Edition of the Form I-9 Must Currently be Note the Spanish form may be used for translation Used? purposes. It should be laminated so it will not be inadvertently used to complete a Form I-9. • As of May 1, 2020 , employers must use Form I-9 dated "10/21/2019" in the bottom left-hand corner. For Form I-9 in Spanish with instructions, see • Reverifications and rehires using Section 3 of the Employment Eligibility Verification (Form I-9) with Form I-9 may be made on the previously completed Instructions (Spanish). version of the Form I-9 or the current version. • U.S. Citizenship and Immigration Services (USCIS) makes Form I-9 available in English and Spanish. Spanish edition may only be used in Puerto Rico. 4. Who Must Complete a Form I-9? Many employers find completing a new Form I-9, instead of Section 3, is easier to administer because you do not have to know the original hire date. • All employees hired after November 6, 1986 must complete Form I-9. • There is no exemption from the requirements For a completed Form I-9 with instructions, see because an employee is part-time. Employment Eligibility Verification (Form I-9) with • Employees rehired within three years of their initial Instructions. hire date, are allowed to complete a new Form I-9 or complete Section 3 of the old Form I-9, employer's choice. 5. Who Does Not Need to Complete a Form I-9? True volunteer positions involve no receipt of pay, and the employee does not receive any other type of benefit in lieu of pay (such as food and lodging). • Volunteers • Independent contractors • Persons transferring within a company Although an independent contractor is not subject to • After an employee completes paid or unpaid leave the Form I-9 rules, employers should note if they (such as for illness or a vacation) outsource work to companies that they know to use • After a temporary layoff unauthorized employees, as they could also be held • After a strike or labor dispute liable under Immigration Reform and Control Act • Gaps between seasonal employment (IRCA). For information on independent contractors generally, see Wage and Hour—Independent Contractors subtask on the Labor and Employment practice area page. 6. Best Practices for Completing Section 1 (Employee Although the Form I-9 instructions state one must Information and Attestation) enter "N/A" in boxes unused, to date, we are not aware of any employer who has been cited for a technical or substantive error for failure to enter "N/A" in these • Completed by employee. Section 1 must be boxes. completed by the employee unless he or she needs the use of a translator/preparer. • Completed on first day of employment. Section 1 For information on I-9 compliance, see I-9 Policies and must be completed on the first day of employment (first Best Practices for I-9 Compliance, Form I-9 day earning wages) or beforehand after accepting an Completion Checklist, I-9 and E-Verify Processing offer of employment. Timelines Chart, and Screening and Hiring Resource Page 2 of 15